Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC CODE 1975 - REG 1507

1507 .         Driver of passenger car derivative not to permit persons to travel in back of the vehicle if seat belt positions are unoccupied

        (1)         The driver of a passenger car derivative, or a goods vehicle shall not cause or permit a person or persons (in this regulation referred to as "the passenger" or "the passengers") to travel in or on the back of that vehicle unless each seat position for which a seat belt is fitted is occupied by another person.

        (2)         It is a defence in proceedings for an offence against subregulation (1) for the driver to prove that — 

            (a)         the passenger had a medical certificate under regulation 1502 at the relevant time and, if required to do so, produced the medical certificate in accordance with regulation 1502 (4);

            (b)         at the relevant time the driver was an officer of a detention centre (as defined in section 4 (1) of the Child Welfare Act 1947 ), an officer of a prison, and the passenger was lawfully detained;

            (c)         at the relevant time one or more of the passengers was undergoing or giving bona fide medical treatment; or

            (d)         at the relevant time — 

                  (i)         the passenger was engaged in work that required the passenger to alight from and re-enter the vehicle at frequent intervals; and

                  (ii)         the vehicle was being driven at a speed not exceeding 25 kilometres per hour.

        [Regulation 1507 inserted in Gazette 13 December 1994 pp.6753-4.]

        [Heading inserted in Gazette 13 December 1994 p.6754.]